People v McPhaul, Robert
Motion No: 1993-09494
Slip Opinion No: 2007 NYSlipOp 63703(U)
Decided on February 23, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M51208

J/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

1993-09494

The People, etc., respondent,

v Robert McPhaul, appellant.

(Ind. No. 7784/87)

ORDER TO SHOW CAUSE

Appeal by Robert McPhaul from a judgment of the Supreme Court, Queens County, rendered December 6, 1993. The appeal has not been perfected.

Now, upon the court's own motion, it is

ORDERED that the appellant show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned (see CPL 460.70[2][c]; 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before March 30, 2007; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.

MASTRO, J.P., FLORIO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court